Ordinance #13
Powers of Municipalities
Use And/Or Lease of City Equipment and Services - Westby

AN ORDINANCE REGARDING USE AND/OR LEASE OF CITY EQUIPMENT AND SERVICES

The Common Council of the City of Westby, Wisconsin, do ordain as follows:

SECTION I. SECTION AMENDED.

Section 6-2-15 of the Westby Code of Ordinances is amended as follows:

SEC. 6-2-15 USE AND/OR LEASE OF CITY EQUIPMENT AND SERVICES.

(a.) Equipment. The City of Westby shall not permit any person to use and/or lease any City equipment for private purposes.

(b.) Services. The City of Westby shall not provide specialized services such as heavy equipment services, snowplowing, etc., for private parties, whether for a fee or no fee. However, due to the unavailability of private sector service providers and in order to protect public safety, the City of Westby may provide sanding/salting services to private businesses on a fee basis.

SECTION II. SEVERABILITY.

If any provision of this Ordinance is invalid or unconstitutional or if the application of this Ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provisions or applications.

SECTION II. EFFECTIVE DATE.

This Ordinance shall take effect upon passage and publication as provided by law.

The City is aware that presently there are no private contractors who provide sanding or salting services for business parking lots in Westby. Upon request, the city will occasionally sand and salt private business parking lots when conditions justify the service; the Police and Highway Departments will determine if the road conditions are considered hazardous. City streets, lots, and alleys will have priority over private businesses, and work will be completed for the city before any work is begun for private business. No services will be provided for residential property. A business owner must notify the City Offices each time sanding or salting is requested. A Hold Harmless agreement must be signed by each business owner before services can be provided. The city will discontinue these services immediately if a private contractor offers similar services for the business owners.

FEE SCHEDULES:

a. a $25.00 per time fee will be charged for sand/salt mix on each property

b. a $40.00 per time fee will be charged for pure salt on each property

c. the above fees double if a city employee is called to a business to sand or spread salt, and city street maintenance is not being done at that same time.

HOLD HARMLESS:

The below signed business owner/and or agent shall defend, indemnify, protect, and hold harmless the City of Westby, its elected and appointed officers, employees, and agents from and against all claims for damages, liability and expenses (including attorney's fees) arising out of this agreement and/or vendor's performance hereunder, except as to such damages, liability, and expenses due to the sole negligence or willful acts of the City, its officers, employees or agents.

AGREEMENT:

I request that the City provide sanding and salting services per the terms of the above agreement:

Business Owner

Date